Austnews Design & Print Terms and Conditions
These Terms and Conditions shall govern every design and/or print order and shall constitute a contract between Austnews and the Business . By placing an order or design and/or print services, all Businesses agree to be bound by the Terms and Conditions of Austnews.
In Our Terms and Conditions, the following words and phrases have the following meanings:
“Austnews”, “Our”, “We” and “Us”, refers to our Company.
“You”, “Your” and “Customer ” refers to the organisation, you, the person placing an order and accepting the Austnews Design & Print Terms and Conditions.
“Quote” means a written quotation for the goods and/or services to be provided to the Customer by Austnews.
“Price” means the price payable for the goods and/or services as specified in the quote.
“Order” means a request or order (whether written or verbal) for design and/or print of goods and/or services.
“Job” means all goods and/or services to be supplied to the Customer as described on the order, quote or tax invoice.
“Goods” means any and all goods and services (including design, print items and electronic files) to be supplied to the Customer.
The Customer warrants that the person entering into an agreement, by placing an order and approving the final proof, is authorised to do so on behalf of the Customer, person or organisation.
Austnews will accept no liability or responsibility if an unauthorised person places an order. In such a case, the Customer accepts liability for payment of the order and the full cost of the advertisement remains payable.
Pricing and Quotes
Advertised prices may be varied by Austnews at any time, effective from the time nominated by Austnews and such varied prices will apply from that nominated date excluding any existing orders.
All quoted prices are valid for 30 days from the date issued.
All quoted prices include the Goods and Services Tax (GST).
The placement of an order, or approval of a quote, for goods or services offered by Austnews and validated by either the Customer’s signature on the quote, or Customer email or Customer verbal acceptance (in the case of work with urgent timelines) constitute acceptance of the quote and agreement to fully comply with all the Terms and Conditions.
The quote is an estimate based on an hourly rate. We work very hard to stay on budget and our quoting is typically very accurate. We will always contact you before proceeding beyond the original quoted price, however if your project goes over budget you will be billed at an hourly rate.
If Austnews feels that any item requested by the Customer does not fit within the initial brief, the Customer may be charged additional fees. The item will either be quoted separately or charged as an extra, at full hourly rates.
Austnews reserves the right to correct any error in a quote whether technical, stenographic or otherwise.
Austnews will only commence a job when the Customer gives approval for the final artwork proof.
If the Customer would like to receive a hard copy proof an additional cost of $10 including GST will be added to your order.
If the Customer does not wish to proceed with an Order after receiving a proof, a fee of $90 including GST will be charged to cover design and administrative costs.
The Customer agrees to pay accounts rendered in accordance with its standard payment terms or as set out in the tax invoice.
In some instances, Austnews may require the Customer to pay up to a 50% deposit or full payment on completion, but before delivery of a job.
Unless otherwise agreed in writing, invoices overdue by 28 days or more will be subject to an overdue fee of $25+GST per invoice.
Many of Austnews’ prices, where specified, include delivery to one location nationwide. This does not include insurance. A Customer needs to request insurance in writing and pay for it if this is required.
Additional delivery fees for special arrangements, such as for faster delivery, will be changed to the Customer.
The Customer shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery. If the Customer is unable to take delivery of the Goods as arranged then Austnews shall be entitled to charge a reasonable fee for redelivery.
Austnews shall not be liable for any loss or damage whatsoever due to failure by Austnews to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Austnews.
Every effort is made to deliver your goods as soon as possible. The date of completion is an estimate only and Austnews will be under no liability for any loss or damage if completion is not effected by that date.
Copy and Material
When accepting artwork proofs, the Customer is held fully responsible for accepting all content.
This includes design, spelling, grammar and quality. It is the Customer’s responsibility to request another copy if the proof is difficult to read or if changes are required. The Customer’s final accepted proof is what will be printed. There will be no reprints at Austnews’ expense.
It is the Customer’s responsibility to ensure that any design that is submitted does not violate Australian law. Austnews will assume the artwork or content the Customer submits is legally the Customer’s property and the Customer indemnifies Austnews accordingly.
Laser proofs, digital proofs and screen proofs are not 100% accurate and variation may occur due to printing method, type of proof and the medium that the artwork is printed on. Austnews attempts to minimise variations as best as possible and cannot be held responsible for any deviation from the Customer’s expectations as long as it is fit for the purpose.
Whilst all care is taken, print colour may vary from print to reprint, stock to stock, front to back and job to job. Therefore, Austnews accepts no responsibility for these colour variations in differentiating printing processes or stock.
Unless the Customer and Austnews agree otherwise, the copyright in all Goods created by Austnews is the property of Austnews.
The Customer retains the copyright to data, files and graphic logos provided to Austnews and grant Austnews the rights to publish and use such material.
The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer warrants to Austnews that the Customer has copyright in or a licence to authorise Austnews to reproduce all artworks (in electronic form or otherwise) supplied by the Customer to Austnews for the purpose of the Job. The Customer expressly authorises Austnews to reproduce all and any of such artworks for the purposes of the Job.
The Customer indemnifies and agrees to keep Austnews indemnified against all liability, losses or expenses incurred by Austnews in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in any artwork supplied by the Customer.
Austnews owns and retains all copyright and other intellectual property rights in relation to any Job produced by us. Any and all design, files, layouts, and other items related to the Job remain the full ownership of Austnews and is therefore covered by Australian copyright laws.
The Customer does not acquire ownership to any Jobs (including designs) produced by Austnews.
No authority is given to any persons or business wishing to reproduce or duplicate any part of any Job through any other party in any way shape or form. Design fees are charged based on labour only and do not offer the customer any copyright to that design. Reproduction of any Job produced by Austnews will not be tolerated unless produced through Austnews. Such conduct will result in direct breach of copyright protection.
This clause does not in any way derogate from the Customer’s obligations or liabilities in relation to such Jobs.
The Customer also acknowledges that Austnews has the right to use Jobs and/or the Customer’s name and/or logos within any of its other printed and digital marketing materials including, but not limited to, brochures, websites and social media sites.
Austnews collects personal information about the Customer, including for example the Customer’s name and contact details. We collect and use that information to provide the Customer with our goods and services and to improve these goods and services.
Austnews may, from time to time, contact the Customer about goods, services or promotions which may be of interest to the Customer.
Agreements shall be constructed under the laws of the State of Queensland and any disputes will be subject to the jurisdiction of the Queensland Courts.
The Advertiser indemnifies Austnews its directors, employees and agents against all claims, demands, proceedings, costs (including solicitors and own client costs), expenses, damages awards, judgments and any other liability whatsoever arising wholly or partially, directly or indirectly, from or in connection with an an advertisement that does not conform to the undertaking in paragraph above.
The Advertiser agrees at the Advertiser’s own expense, to promptly defend and continue the defence of any such claim, demand action or proceeding that may be brought against Austnews, provided that Austnews shall promptly notify the Advertiser with respect thereto. The Advertiser shall reimburse Austnews for any amount paid by Austnews in settlement of claims or in satisfaction of judgements obtained by reason of publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable legal fees and court costs.